Transfer of Functions
For transfer of functions, personnel, assets, and liabilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. For establishment of U.S. Customs and Border Protection in the Department of Homeland Security, treated as if included in Pub. L. 107–296 as of Nov. 25, 2002, see section 211 of Title 6, as amended generally by Pub. L. 114–125, and section 802(b) of Pub. L. 114–125, set out as a note under section 211 of Title 6.
Monitoring of Implementation of 1979 Agreement Between the United States and China on Cooperation in Science and Technology
Pub. L. 107–314, div. A, title XII, § 1207, Dec. 2, 2002, 116 Stat. 2666, provided that:
“(a)In General.—The Secretary of State shall—
monitor the implementation of the Agreement specified in subsection (c);
keep a systematic account of the protocols to the Agreement;
coordinate the activities of all agencies of the United States Government that carry out cooperative activities under the Agreement; and
ensure that all activities conducted under the Agreement comply with applicable laws and regulations concerning the transfer of militarily sensitive technologies and dual-use technologies.
“(b)Responsibilities of the Office of Science and Technology Cooperation.—
Except as otherwise provided by the Secretary of State, the functions of the Secretary under this section shall be carried out through the Director of the Office of Science and Technology Cooperation of the Department of State.
For purposes of this section, the term ‘Agreement’ means the agreement between the United States and the People’s Republic of China known as the ‘Agreement between the Government of the United States of America and the Government of the People’s Republic of China on Cooperation in Science and Technology’, signed in Washington on January 31, 1979, and its protocols.
“(d)Biennial Report to Congress.—
Not later than April 1 of each even-numbered year, the Secretary of State shall submit to Congress a report on the implementation of the Agreement and on activities under the Agreement. Each such report shall be submitted in both classified and unclassified form, as necessary.
“(2) Each report under this subsection shall provide an evaluation of the benefits of the Agreement to the economy, to the military, and to the industrial base of the People’s Republic of China and shall include the following:
An accounting of all activities conducted under the Agreement since the previous report (or, in the case of the first report, since the Agreement was entered into) and a projection of activities to be undertaken under the Agreement during the next two years.
An estimate of the costs to the United States to administer the Agreement during the period covered by the report.
An assessment of how the Agreement has influenced the foreign and domestic policies of the People’s Republic of China and the policy of the People’s Republic of China toward scientific and technological cooperation with the United States.
An analysis by the Director of Central Intelligence of the involvement of military specialists, weapons specialists, and intelligence specialists of the People’s Republic of China in the activities of the Joint Commission established under the Agreement and in other activities conducted under the Agreement.
A determination by the Secretary of Defense, developed with the assistance of the Director of Central Intelligence, of the extent to which the activities conducted under the Agreement have enhanced the military and defense industrial base of the People’s Republic of China, and an assessment of the effect that projected activities under the Agreement for the next two years, including the transfer of technology and know-how, could have on the economic and military capabilities of the People’s Republic of China.
“(F) An assessment by the Inspector General of the Department of Commerce of—
the extent to which programs or activities carried out under the Agreement provide access to technology, information, or know-how that could enhance military capabilities of the People’s Republic of China; and
the extent to which those programs or activities are carried out in compliance with export control laws and regulations of the United States, especially those laws and regulations governing so-called ‘deemed exports’.
Any recommendations of the Secretary of State, Secretary of Defense, or Director of Central Intelligence for improving the monitoring of the activities of the Joint Commission established under the Agreement.
The Secretary of State shall prepare each report under this subsection in consultation with the Secretary of Defense, the Secretary of Energy, the Director of Central Intelligence, the Director of the Federal Bureau of Investigation, and the Director of the National Science Foundation.
“(e)Interagency Working Group.—The President shall establish an interagency working group to oversee the implementation of the Agreement by departments and agencies of the United States. The working group shall consist of representatives of such departments, agencies, and offices of the executive branch as the President considers appropriate. The working group shall perform the following functions:
Assisting the Secretary of State and other appropriate officials in setting standards under the Agreement for science and technology transfers between the United States and the People’s Republic of China.
Monitoring ongoing programs and activities under the Agreement and recommending future programs and activities under the Agreement.
Developing a comprehensive database of all government-to-government programs and United States Government-funded programs under the Agreement.
Coordinating activities under the Agreement between United States Government agencies, including elements of the intelligence community, as appropriate.”
[Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director’s capacity as the head of the intelligence community deemed to be a reference to the Director of National Intelligence. Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director’s capacity as the head of the Central Intelligence Agency deemed to be a reference to the Director of the Central Intelligence Agency. See section 1081(a), (b) of Pub. L. 108–458, set out as a note under section 3001 of Title 50, War and National Defense.]
Pub. L. 107–228, div. A, title VI, subtitle B, Sept. 30, 2002, 116 Stat. 1396, provided that:
“This subtitle may be cited as ‘Tibetan Policy Act of 2002’.
STATEMENT OF PURPOSE.
“The purpose of this subtitle is to support the aspirations of the Tibetan people to safeguard their distinct identity.
The President and the Secretary should encourage the Government of the People’s Republic of China to enter into a dialogue with the Dalai Lama or his representatives leading to a negotiated agreement on Tibet.
After such an agreement is reached, the President and the Secretary should work to ensure compliance with the agreement.
“(b)Periodic Reports.—Not later than 180 days after the date of the enactment of this Act [Sept. 30, 2002], and every 12 months thereafter, the President shall transmit to the appropriate congressional committees a report on—
the steps taken by the President and the Secretary in accordance with subsection (a)(1); and
the status of any discussions between the People’s Republic of China and the Dalai Lama or his representatives.
REPORTING ON TIBET.
“Whenever a report is transmitted to Congress under section 116 or 502B of the Foreign Assistance Act of 1961 (22 U.S.C. 2151m [2151n], 2304) or under section 102(b) of the International Religious Freedom Act of 1998 (22 U.S.C. 6412(b)), Tibet shall be included in such report as a separate section.
CONGRESSIONAL-EXECUTIVE COMMISSION ON THE PEOPLE’S REPUBLIC OF CHINA.
ECONOMIC DEVELOPMENT IN TIBET.
“(a)Declarations of Policy.—
It is the policy of the United States to support economic development, cultural preservation, health care, and education and environmental sustainability for Tibetans inside Tibet. In support of this policy, the United States shall use its voice and vote to support projects designed in accordance with the principles contained in subsection (d) that are designed to raise the standard of living for the Tibetan people and assist Tibetans to become self-sufficient.
“(b)International Financial Institutions.—
The Secretary of the Treasury shall instruct the United States executive director of each international financial institution to use the voice and vote of the United States to support projects in Tibet, if the projects are designed in accordance with the principles contained in subsection (d).
“(c) Export-Import Bank and TDA.—
The Export-Import Bank of the United States and the Trade and Development Agency should support projects proposed to be funded or otherwise supported by such entities in Tibet, if the projects are designed in accordance with the principles contained in subsection (d).
“(d)Tibet Project Principles.—Projects in Tibet supported by international financial institutions, other international organizations, nongovernmental organizations, and the United States entities referred to in subsection (c), should—
be implemented only after conducting a thorough assessment of the needs of the Tibetan people through field visits and interviews;
be preceded by cultural and environmental impact assessments;
foster self-sufficiency and self-reliance of Tibetans;
promote accountability of the development agencies to the Tibetan people and active participation of Tibetans in all project stages;
respect Tibetan culture, traditions, and the Tibetan knowledge and wisdom about their landscape and survival techniques;
be subject to on-site monitoring by the development agencies to ensure that the intended target group benefits;
be implemented by development agencies prepared to use Tibetan as the working language of the projects;
neither provide incentive for, nor facilitate the migration and settlement of, non-Tibetans into Tibet; and
neither provide incentive for, nor facilitate the transfer of ownership of, Tibetan land or natural resources to non-Tibetans.
RELEASE OF PRISONERS AND ACCESS TO PRISONS.“The President and the Secretary, in meetings with representatives of the Government of the People’s Republic of China, should—
request the immediate and unconditional release of all those held prisoner for expressing their political or religious views in Tibet;
seek access for international humanitarian organizations to prisoners in Tibet to ensure that prisoners are not being mistreated and are receiving necessary medical care; and
seek the immediate medical parole of Tibetan prisoners known to be in serious ill health.
ESTABLISHMENT OF A UNITED STATES BRANCH OFFICE IN LHASA, TIBET.
“The Secretary should make best efforts to establish an office in Lhasa, Tibet, to monitor political, economic, and cultural developments in Tibet.
REQUIREMENT FOR TIBETAN LANGUAGE TRAINING.
“The Secretary shall ensure that Tibetan language training is available to Foreign Service officers, and that every effort is made to ensure that a Tibetan-speaking Foreign Service officer is assigned to a United States post in the People’s Republic of China responsible for monitoring developments in Tibet.
RELIGIOUS PERSECUTION IN TIBET.
“(a)High-Level Contacts.—Pursuant to section 105 of the International Religious Freedom Act of 1998 (22 U.S.C. 6414), the United States Ambassador to the People’s Republic of China should—
meet with the 11th Panchen Lama, who was taken from his home on May 17, 1995, and otherwise ascertain information concerning his whereabouts and well-being; and
request that the Government of the People’s Republic of China release the 11th Panchen Lama and allow him to pursue his religious studies without interference and according to tradition.
“(b)Promotion of Increased Advocacy.—
Pursuant to section 108(a) of the International Religious Freedom Act of 1998 (22 U.S.C. 6417(a)
), it is the sense of Congress that representatives of the United States Government in exchanges with officials of the Government of the People’s Republic of China should call for and otherwise promote the cessation of all interference by the Government of the People’s Republic of China or the Communist Party in the religious affairs of the Tibetan people.
UNITED STATES SPECIAL COORDINATOR FOR TIBETAN ISSUES.
“(a)United States Special Coordinator for Tibetan Issues.—
There shall be within the Department a United States Special Coordinator for Tibetan Issues (in this section referred to as the ‘Special Coordinator’).
The Secretary shall consult with the chairmen and ranking minority members of the appropriate congressional committees prior to the designation of the Special Coordinator.
The central objective of the Special Coordinator is to promote substantive dialogue between the Government of the People’s Republic of China and the Dalai Lama or his representatives.
“(d)Duties and Responsibilities.—The Special Coordinator shall—
coordinate United States Government policies, programs, and projects concerning Tibet;
vigorously promote the policy of seeking to protect the distinct religious, cultural, linguistic, and national identity of Tibet, and pressing for improved respect for human rights;
maintain close contact with religious, cultural, and political leaders of the Tibetan people, including regular travel to Tibetan areas of the People’s Republic of China, and to Tibetan refugee settlements in India and Nepal;
consult with Congress on policies relevant to Tibet and the future and welfare of the Tibetan people;
make efforts to establish contacts in the foreign ministries of other countries to pursue a negotiated solution for Tibet; and
take all appropriate steps to ensure adequate resources, staff, and bureaucratic support to fulfill the duties and responsibilities of the Special Coordinator.”
[For definitions of “Secretary” and “appropriate congressional committees” as used in subtitle B of title VI of div. A of Pub. L. 107–228, set out above, see section 3 of Pub. L. 107–228, set out as a note under section 2651 of this title.]
[Functions of President under section 613(b) of Pub. L. 107–228, set out above, delegated to Secretary of State by section 1 of Ex. Ord. No. 13313, July 31, 2003, 68 F.R. 46073, set out as a note under section 301 of Title 3, The President.]
Policy of the United States With Respect to Macau
Pub. L. 106–570, title II, Dec. 27, 2000, 114 Stat. 3040, provided that:
“This title may be cited as the ‘United States-Macau Policy Act of 2000’.
FINDINGS AND DECLARATIONS; SENSE OF CONGRESS.
“(a)Findings and Declarations.—Congress makes the following findings and declarations:
The continued economic prosperity of Macau furthers United States interests in the People’s Republic of China and Asia.
Support for democratization is a fundamental principle of United States foreign policy, and as such, that principle naturally applies to United States policy toward Macau.
The human rights of the people of Macau are of great importance to the United States and are directly relevant to United States interests in Macau.
A fully successful transition in the exercise of sovereignty over Macau must continue to safeguard human rights in and of themselves.
Human rights also serve as a basis for Macau’s continued economic prosperity, and Congress takes note of Macau’s adherence to the International Covenant on Civil and Political Rights and the International Convention on Economic, Social, and Cultural Rights.
“(b)Sense of Congress.—It is the sense of Congress that—
the United States should play an active role in maintaining Macau’s confidence and prosperity, Macau’s unique cultural heritage, and the mutually beneficial ties between the people of the United States and the people of Macau;
through its policies, the United States should contribute to Macau’s ability to maintain a high degree of autonomy in matters other than defense and foreign affairs as promised by the People’s Republic of China and the Republic of Portugal in the Joint Declaration, particularly with respect to such matters as trade, commerce, law enforcement, finance, monetary policy, aviation, shipping, communications, tourism, cultural affairs, sports, and participation in international organizations, consistent with the national security and other interests of the United States; and
the United States should actively seek to establish and expand direct bilateral ties and agreements with Macau in economic, trade, financial, monetary, mutual legal assistance, law enforcement, communication, transportation, and other appropriate areas.
CONTINUED APPLICATION OF UNITED STATES LAW.
“(a) Continued Application.—
Notwithstanding any change in the exercise of sovereignty over Macau, and subject to subsections (b) and (c), the laws of the United States shall continue to apply with respect to Macau in the same manner as the laws of the United States were applied with respect to Macau before December 20, 1999, unless otherwise expressly provided by law or by Executive order issued pursuant to paragraph (2).
Whenever the President determines that Macau is not sufficiently autonomous to justify treatment under a particular law of the United States, or any provision thereof, different from that accorded the People’s Republic of China, the President may issue an Executive order suspending the application of paragraph (1) to such law or provision of law. The President shall promptly notify the Committee on International Relations [now Committee on Foreign Affairs] of the House of Representatives and the Committee on Foreign Relations of the Senate concerning any such determination and shall publish the Executive order in the Federal Register.
“(b) Export Controls.—
The export control laws, regulations, and practices of the United States shall apply to Macau in the same manner and to the same extent that such laws, regulations, and practices apply to the People’s Republic of China, and in no case shall such laws, regulations, and practices be applied less restrictively to exports to Macau than to exports to the People’s Republic of China.
“(2)Rule of construction.—
Paragraph (1) shall not be construed as prohibiting the provision of export control assistance to Macau.
“(c) International Agreements.—
Subject to subsection (b) and paragraph (2), for all purposes, including actions in any court of the United States, Congress approves of the continuation in force after December 20, 1999, of all treaties and other international agreements, including multilateral conventions, entered into before such date between the United States and Macau, or entered into force before such date between the United States and the Republic of Portugal and applied to Macau, unless or until terminated in accordance with law.
If, in carrying out this subsection, the President determines that Macau is not legally competent to carry out its obligations under any such treaty or other international agreement, or that the continuation of Macau’s obligations or rights under any such treaty or other international agreement is not appropriate under the circumstances, the President shall take appropriate action to modify or terminate such treaty or other international agreement. The President shall promptly notify the Committee on International Relations [now Committee on Foreign Affairs] of the House of Representatives and the Committee on Foreign Relations of the Senate concerning such determination.
“(a)In General.—Not later than 90 days after the date of the enactment of this Act [Dec. 27, 2000], and not later than March 31 of each of the years 2001, 2002, and 2003, the Secretary of State shall transmit to the Committee on International Relations [now Committee on Foreign Affairs] of the House of Representatives and the Committee on Foreign Relations of the Senate a report on conditions in Macau of interest to the United States. The report shall describe—
significant developments in United States relations with Macau, including any determination made under section 203;
significant developments related to the change in the exercise of sovereignty over Macau affecting United States interests in Macau or United States relations with Macau and the People’s Republic of China;
the development of democratic institutions in Macau;
compliance by the Government of the People’s Republic of China and the Government of the Republic of Portugal with their obligations under the Joint Declaration; and
the nature and extent of Macau’s participation in multilateral forums.
“(b)Separate Part of Country Reports.—
Whenever a report is transmitted to Congress on a country-by-country basis, there shall be included in such report, where applicable, a separate subreport on Macau under the heading of the country that exercises sovereignty over Macau.
DEFINITIONS.“In this title:
The term ‘Joint Declaration’ means the Joint Declaration of the Government of the People’s Republic of China and the Government of the Republic of Portugal on the Question of Macau, dated April 13, 1987.
The term ‘Macau’ means the territory that prior to December 20, 1999, was the Portuguese Dependent Territory of Macau and after December 20, 1999, became the Macau Special Administrative Region of the People’s Republic of China.”